HR5874-119

What This Bill Does

The Firearm Access During Shutdowns Act keeps specified firearm-related federal operations open during government shutdowns. It deems the listed operations, functions, and services to relate to an emergency involving the safety of human life or protection of property for purposes of the Antideficiency Act exception in 31 U.S.C. 1342. Employees carrying out those functions are deemed excepted employees under 31 U.S.C. 1341(c). Covered operations include the FBI's National Instant Criminal Background Check System, including background checks supporting the Bureau of Alcohol, Tobacco, Firearms and Explosives Directorate of Enforcement Programs and Services; the ATF Directorate of Enforcement Programs and Services itself; Department of Commerce Bureau of Industry and Security firearm and firearm-related product work, including export license applications; and Department of State Directorate of Defense Trade Controls firearm and firearm-related product work, including export license applications.

Who Benefits and How

Firearm purchasers and sellers benefit because NICS background check processing is treated as excepted shutdown work. Federal firearms licensees benefit from continued background check and ATF enforcement-program support during lapses in appropriations. Firearm and firearm-related product exporters benefit because Commerce BIS and State DDTC export license application processing remains excepted work. ATF enforcement programs benefit because their Directorate of Enforcement Programs and Services is kept operational during shutdowns.

Who Bears the Burden and How

FBI NICS employees, ATF enforcement services employees, BIS firearm export licensing staff, and DDTC defense trade controls staff must continue working as excepted employees during shutdowns. Agencies must classify the listed firearm-related functions as emergency protection-of-property or safety-of-life operations for Antideficiency Act purposes. Federal payroll and budget offices must track excepted employees and shutdown work status for the covered firearm-related operations.

Key Provisions

• Provides emergency safety-of-life or property-protection treatment for specified firearm-related operations under 31 U.S.C. 1342.
• Provides excepted-employee status under 31 U.S.C. 1341(c) for employees carrying out the covered operations.
• Extends continued shutdown operations to FBI National Instant Criminal Background Check System work, including checks supporting ATF enforcement services.
• Extends continued shutdown operations to the ATF Directorate of Enforcement Programs and Services.
• Extends continued shutdown operations to Commerce BIS and State DDTC firearm-related export licensing and control functions.